2013 -- H 5355 SUBSTITUTE A

=======

LC00836/SUB A

=======

STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2013

____________

A N A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- DRIVERS OF TAXICABS,

LIMITED PUBLIC MOTOR VEHICLES AND PUBLIC MOTOR VEHICLES

     Introduced By: Representatives Jacquard, and Nunes

     Date Introduced: February 12, 2013

     Referred To: House Corporations

It is enacted by the General Assembly as follows:

1-1

     SECTION 1. Title 39 of the General Laws entitled "PUBLIC UTILITIES AND

1-2

CARRIERS" is hereby amended by adding thereto the following chapter:

1-3

     CHAPTER 14.2

1-4

NATIONAL CRIMINAL RECORDS CHECK

1-5

     39-14.2-1. Declaration of purpose and policy. -- The legislature hereby finds the

1-6

following legislation to be in the public interest for these reasons:

1-7

     WHEREAS, Public passengers have a right to expect safe passage in for-hire vehicles

1-8

such as taxicabs and limited public motor vehicles and public motor vehicles as defined in

1-9

chapters 14 and 14.1 of Title 39 of the Rhode Island General Laws.

1-10

     WHEREAS, Foreign travelers and local residents alike have a right when hailing or

1-11

hiring a ride to expect that the driver of said vehicle has undergone a thorough criminal record

1-12

vetting process.

1-13

     WHEREAS, That the goal of a criminal background check is to eliminate, or minimize to

1-14

the greatest extent, the possibility that the regulated driver may in any way put the passenger's

1-15

safety and well-being at risk.

1-16

     WHEREAS, A criminal records check limited to Rhode Island does not adequately

1-17

inform the regulating authority of the driver's criminal history beyond this small state's borders,

1-18

     WHEREAS, Only a complete nationwide review of an applicant driver's criminal record

1-19

can provide adequate information for license-issuance intended to protect the riding public.

2-1

     WHEREAS, The Rhode Island passenger carrier industry deserves a threshold level of

2-2

quality and safety standards that do not encourage the employment or harboring of drivers with

2-3

out-of-state disqualifying criminal records who otherwise would be disqualified to drive had the

2-4

same criminal record originated in-state.

2-5

     39-14.2-2. Definitions. -- As used in this chapter:

2-6

     (1) "Conviction" means, in addition to judgments of conviction entered by a court

2-7

subsequent to a finding of guilty or a plea of guilty, those instances where the defendant has

2-8

entered a plea of nolo contendere, regardless of the disposition of sentence, including a sentence

2-9

of probation, and those instances where a defendant has entered into a deferred sentence

2-10

agreement with the attorney general.

2-11

     (2) "Division" means the Rhode Island division of public utilities and carriers.

2-12

     (3) "Disqualifying information" means information produced by a criminal records check

2-13

pertaining to conviction. for the following crimes will result in a letter to the applicant and the

2-14

division disqualifying the applicant from issuance of a HACKNEY OPERATOR'S LICENSE:

2-15

Murder, voluntary manslaughter, involuntary manslaughter, first degree sexual assault, second

2-16

degree sexual assault, third degree sexual assault, first degree child molestation sexual assault,

2-17

second degree child molestation sexual assault, assault on persons sixty (60) years of age or older,

2-18

assault with intent to commit specified felonies (murder, robbery, rape, burglary, or the

2-19

abominable and detestable crime against nature) felony assault, burglary, breaking and entering,

2-20

first degree arson, robbery, felony drug offenses, or larceny.

2-21

     (4) "Driver" means a person required to hold a hackney operator's license who delivers

2-22

passengers for hire as contemplated in Rhode Island general laws chapters 14 and 14.1 of title 39.

2-23

     (5) "Applicant" means any individual seeking a hackney operator's license for the first

2-24

time or a renewal of one previously issued by the division.

2-25

     (6) "Hackney operator's license" means a special license, commonly referred to as a "blue

2-26

card" issued by the division, authorizing the holder thereof to transport passengers in a taxicab,

2-27

limited public motor vehicle or public motor vehicle in accordance with Rhode Island general

2-28

laws section 39-l4-20 or 39-14.1-8.

2-29

     39-14.2-3. Powers of division. -- The division may prescribe any rules and regulations or

2-30

policy that it deems proper to foster the intent of this chapter and to assure safe passenger service

2-31

to the public.

2-32

     39-14.2-4. National criminal records check. -- (a) Starting on September 1. 2013, all

2-33

first-time applicants for a division-issued hackney operator's license shall undergo a one-time

2-34

national criminal records check. Individuals who possess an active division-issued hackney

3-1

operator's license on September 1, 2013, shall undergo a one-time national criminal records check

3-2

at the time they next seek to renew their hackney operator's license. Any former hackney operator

3-3

licensee seeking to renew or reactivate a hackney operator's license that has been expired for

3-4

more than twelve (12) months shall be treated as a first-time applicant and shall undergo a one-

3-5

time national criminal records check.

3-6

     (b) The person shall apply to the bureau of criminal identification (BCI), department of

3-7

attorney general, state police or local police department where he or she resides, for a national

3-8

criminal records check. Fingerprinting shall be required. Upon the discovery of any disqualifying

3-9

information, the bureau of criminal identification, state police or local police department shall

3-10

inform the applicant in writing of the nature of the disqualifying information and, without

3-11

disclosing the nature of the disqualifying information will notify the division in writing that

3-12

disqualifying information has been discovered.

3-13

     (c) In those situations in which no disqualifying information has been found, the bureau

3-14

of criminal identification, state police or local police department shall inform the applicant and

3-15

the division in writing of this fact.

3-16

     (d) The division shall maintain on file evidence that criminal records checks have been

3-17

initiated on all applicants after September 1, 2013 and the results of the checks.

3-18

     (e) The applicant shall be responsible for the costs of the national criminal records check.

3-19

However, any applicant required to provide a national criminal background check to the division

3-20

shall not be required to provide a Rhode Island statewide criminal background check during the

3-21

same application process.

3-22

     SECTION 2. This act shall take effect on September 1, 2013.

=======

LC00836/SUB A

========

EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N A C T

RELATING TO PUBLIC UTILITIES AND CARRIERS -- DRIVERS OF TAXICABS,

LIMITED PUBLIC MOTOR VEHICLES AND PUBLIC MOTOR VEHICLES

***

4-1

     This act would require anyone seeking the issuance or renewal of a hackney operator's

4-2

license for the purpose of driving a taxicab, limited public motor vehicle, or public motor vehicle

4-3

to undergo a national and state criminal background check.

4-4

     This act would take effect on September 1, 2013.

=======

LC00836/SUB A

=======